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How to File a Medical Malpractice Lawsuit

A patient who believes he or she suffered a loss as the result of a health care provider's mistake may file a medical malpractice lawsuit. These cases differ from personal injury claims due to the fact that they employ a professional standard to determine the extent of negligence.

In the United States, claims of malpractice are handled by state trial courts. Each state has its own laws and procedures.

Duty of care

A doctor, surgeon or any other health professional is bound by a duty of care to their patients. The law states that any health practitioner who is treating you has the obligation to adhere to the accepted medical practices, without omission or deviation.

The medical standard of care is a legal yardstick by which any medical malpractice claim is measured. It is essential to a successful claim, because it lays out a specific method for the victim and their attorney to prove negligence by showing that a medical professional failed to adhere to the standard of care.

Proving the standard of care often requires the assistance of a medical expert witness. They are essential in establishing the standard of care that applies to the case and how the defendants breached the law.

It is also necessary to prove that the breach of duty was the cause of your injury, illness, or death. In medical malpractice lawsuits, damages can include hospital bills, lost income, future earning capacity, suffering, pain, and even punitive damages. Your lawyer must establish the value of these damages, which could be greater than the original medical malpractice lawyer expenses. In some cases, this is easier than in other. There are many doctors who work in hospitals that grant them staff privileges, and in these situations, the physician's employer may be held responsible through theories of vicarious liability.

Breach of duty

A physician has a duty to the patient to follow the medical standards of care when providing medical malpractice law firm treatment or services. If a physician fails to fulfill that duty and suffers injury the patient is injured, the patient may file a malpractice lawsuit.

Medical negligence can refer to an array of actions such as mistakes in diagnosis, medication dosage and health management, treatment and aftercare. A lawsuit is valid if the plaintiff can establish four legal elements. These include:

The first requirement is an established doctor-patient relationship. The doctor has a responsibility to inform patients about any risks and complications that could arise in the procedure. Failure to do this could cause the physician to be held accountable for negligence, even if a procedure was executed perfectly. If the doctor failed to warn the patient that a particular procedure was likely to have a 30% chance of losing limbs, the patient may not have consented.

The other element to be proven is an infraction to the standard of care. To prove that the doctor deviated from the norm, the lawyer will require expert witness testimony. It is also necessary to prove that the breach of the standard of care resulted in the patient's injuries.

The court system isn't always quick to resolve medical negligence cases. This is because it requires many hours of time from both the physician and attorney, along with extensive research and interviews with experts and a thorough review of legal and medical literature. A doctor who is facing a malpractice lawsuit will need to pay for high court costs along with attorney fees and work products, in addition to expenses for expert testimony.

Causation

All healthcare professionals including nurses, doctors and other healthcare providers, are human and make mistakes. When these mistakes are at the level of negligence, patients may suffer serious and life-changing injuries. Proving that a healthcare provider has breached his or their duty and caused injury requires both the knowledge of a lawyer and medical professional. A successful claim requires four legal elements to be proved such as a relationship between a doctor and patient as well as the duty of a doctor to care to the patient, the doctor's violation of this duty, and then the harm that resulted from the breach.

The injury must be proved to have been resulted from the doctor's deviation from the standard of medical care. This is a more stringent legal standard than "beyond reasonable doubt" in criminal cases. The plaintiff's lawyer must convince the jury/fact-finder it is more likely that the negligence of the doctor caused the injury.

A medical expert witness is often required early in the process to establish the validity of all these elements. According to Rhode Island law, only doctors with a sufficient training, education and expertise in the field of accused malpractice can provide expert testimony regarding the issue. This is why choosing a qualified medical expert is a crucial aspect of an investigation into a case of malpractice.

Damages

Medical malpractice lawsuits aim to recover damages which include future and past expenses that are incurred as a result of an injury. These costs could include hospital bills, doctor's appointments as well as pain and discomfort and lost wages. The amount of damages paid is determined by the jury based on the evidence presented.

During the trial the lawyer or plaintiff must prove four legal elements: (1) a physician had a professional obligation to them; (2) the doctor did not fulfill this duty when he or she acted negligently; (3) the doctor's negligence caused injuries; and (4) the injuries caused by negligence resulted in damages. Dissatisfaction with a physician's work isn't a cause of malpractice, but the actual injury must be present. A medical expert can help determine whether a physician has strayed from the norm of medical practice.

The legal process for a malpractice claim can last years. This is because "discovery" involves the exchange of documents and sworn statements from the parties involved. Many cases are settled before they even reach the courtroom. However, a smaller amount of these claims go to the stage of trial for a jury.

In order to cut down on costs of litigation, certain states have taken a variety of legislative and administrative actions, known collectively as tort reform measures to reduce the liability of malpractice. Some states have implemented alternative dispute resolution systems that include binding arbitration. The aim of these alternatives to civil litigation is to lower the cost of litigation and speed up handling of malpractice claims while reducing juries with excessively generous stipulations and removing frivolous medical claims.